On January 2, 2008, the U.S. Bureau of Customs and Border Protection (CBP) published a proposed rule that would require electronic submission of additional security information by carriers and importers before bringing cargo into the United States by vessel. The rule, implementing the requirements of the Security and Accountability for Every (SAFE) Port Act of 2006, would require the submission of 10 new types of information by importers and two new types of information by carriers for the purpose of enhancing CBP’s ability to prevent terrorist weapons from being transported to the United States.
Specifically, the rule would require carriers to submit the following new information, in addition to currently required information:
Vessel stow plans for vessels transporting containers and/or break bulk cargo, generally no later than 48 hours after departure from the last foreign port
- Container status messages, no later than 24 hours after the message is entered into the carrier’s equipment tracking system
For most types of container shipments, the proposed rule would require importers to submit the following new information, in addition to currently required entry filing information, no later than 24 hours before cargo is laden aboard a vessel at the foreign port:
Manufacturer (or supplier) name and address
- Seller name and address
- Buyer name and address
- Ship to name and address
- Container stuffing location
- Consolidator (stuffer) name and address
- Importer of record number/foreign trade zone applicant identification number
- Consignee number(s)
- Country of origin
- Commodity tariff classification U.S. Harmonized Tariff Schedule (HTSUS) number to the six digit level)
For foreign cargo remaining on board (FROB), as well as in-bond immediate exportation (IE) and transportation and exportation (T&E) shipments, the rule would require the filing of only five data elements: (1) name and address of the party paying for transportation of the goods, (2) port code for the final destination foreign port of unlading, (3) city code for the place of delivery, (4) ship to name and address, and (5) commodity HTSUS number. For FROB shipments, the 24 hour rule would not apply; the security information would need to be filed at any time before the cargo is laden aboard a vessel at the foreign port.
Vessels carrying solely bulk cargo and importers of such bulk cargo would be exempt from the security filing requirements.
The new rule would be phased in, possibly over 12 months. CBP acknowledged in response to comments filed by industry groups on an earlier publication of the 10 + 2 proposal (the “10 + 2 Strawman”) that importers would be entitled to file the required security information based on what they “reasonably believe to be true,” with an opportunity to update for changes before entry of the cargo. CBP expressly refused to offer any exemption from the Importer Security Filing for Customs-Trade Partnership Against Terrorism members. Moreover, the rule would include a change to the sections of the CBP regulations on bond conditions to cover possible liquidated damages for any violation of the Importer Security Filing requirements.
The Notice of Proposed Rulemaking, 73 Fed. Reg. 90 (January 2, 2008), includes an invitation for comments, which must be filed with CBP on or before March 3, 2008.